Case: Fowler v. Stitt

Kevin Stitt, Governor of Oklahoma, et al., Petitioners v. Rowan Fowler, et al.

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

CIVIL COVER SHEET by C.R., Rowan Fowler, Allister Hall (Wilkins, Karen) (Entered: 03/14/2022)

COMPLAINT against All Defendants (paid $402 filing fee; receipt number AOKNDC-2576493) by Rowan Fowler, Allister Hall, C.R. (Wilkins, Karen) (Entered: 03/14/2022)

ATTORNEY APPEARANCE by Karen Keith Wilkins on behalf of All Plaintiffs (Wilkins, Karen) (Entered: 03/14/2022)

MOTION to Proceed Pseudonymously (Re: 2 Complaint ) by C.R. (Wilkins, Karen) (Entered: 03/14/2022)

MOTION for Attorney(s) Shelly L. Skeen to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576497) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

MOTION for Attorney(s) Nicholas Guillory to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576498) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

MOTION for Attorney(s) Peter C. Renn to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576499) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

SUMMONS Issued by Court Clerk as to Kelly Baker, Keith Reed, Kevin Stitt (bjb, Dpty Clk) (Entered: 03/14/2022)

MINUTE ORDER by Judge Gregory K Frizzell granting Motions for Admission Pro Hac Vice and ; adding attorney Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for C.R.,Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for Rowan Fowler,Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for Allister Hall ; granting 5 Motion for Admission Pro Hac Vice; granting 6 Motion for Admission Pro Hac Vice; granting 7 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 03/14/2022)

ATTORNEY APPEARANCE by Peter C Renn on behalf of All Plaintiffs (Renn, Peter) (Entered: 03/17/2022)

ATTORNEY APPEARANCE by Shelly Lynn Skeen on behalf of All Plaintiffs (Skeen, Shelly) (Entered: 03/17/2022)

ATTORNEY APPEARANCE by Nicholas Arthur Guillory on behalf of All Plaintiffs (Guillory, Nicholas) (Entered: 03/17/2022)

SUMMONS Returned Executed re: Kevin Stitt (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

SUMMONS Returned Executed re: Keith Reed (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

SUMMONS Returned Executed re: Kelly Baker (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

ATTORNEY APPEARANCE by Audrey A Weaver on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Audrey A Weaver added to party Kelly Baker(pty:dft), Attorney Audrey A Weaver added to party Keith Reed(pty:dft), Attorney Audrey A Weaver added to party Kevin Stitt(pty:dft).] (Weaver, Audrey) (Entered: 05/04/2022)

ATTORNEY APPEARANCE by Bryan Cleveland on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Bryan Cleveland added to party Kelly Baker(pty:dft), Attorney Bryan Cleveland added to party Keith Reed(pty:dft), Attorney Bryan Cleveland added to party Kevin Stitt(pty:dft).] (Cleveland, Bryan) (Entered: 05/04/2022)

ATTORNEY APPEARANCE by Zachary Paul West on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Zachary Paul West added to party Kelly Baker(pty:dft), Attorney Zachary Paul West added to party Keith Reed(pty:dft), Attorney Zachary Paul West added to party Kevin Stitt(pty:dft).] (West, Zachary) (Entered: 05/04/2022)

Unopposed MOTION for Extension of Time to Answer (Re: 2 Complaint ) by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 05/04/2022)

ORDER by Judge Gregory K Frizzell ; granting 19 Motion for Extension of Time to Answer (Re: 2 Complaint, 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 05/05/2022)

First AMENDED COMPLAINT against All Defendants (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Skeen, Shelly) (Entered: 07/29/2022)

Unopposed MOTION for Extension of Time to Answer (Re: 21 Amended Complaint ) by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 08/17/2022)

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 8/26/2022, Replies due by 9/9/2022); granting 22 Motion for Extension of Time to Answer (Re: 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 08/18/2022)

MOTION to Dismiss and Brief in Support by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Weaver, Audrey) (Entered: 08/26/2022)

1 Exhibit Sample Oklahoma Birth Certificate

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RESPONSE in Opposition to Motion (Re: 4 MOTION to Proceed Pseudonymously ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 08/26/2022)

JOINT STATUS REPORT by CR, Rowan Fowler, Allister Hall (Skeen, Shelly) (Entered: 08/31/2022)

MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause for delay in issuing a scheduling order in this case until resolution of pending motions. (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 09/01/2022)

Unopposed MOTION for Extension of Time to Reply to Motion Response, Unopposed MOTION for Extension of Time to Respond to Motion (Re: 4 MOTION to Proceed Pseudonymously, 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall (Guillory, Nicholas) (Entered: 09/01/2022)

MINUTE ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 9/30/2022, Replies due by 10/14/2022); granting 28 Motion for Extension of Time to Reply to Motion Response; granting 28 Motion for Extension of Time to Respond to Motion (Re: 24 MOTION to Dismiss and Brief in Support, 4 MOTION to Proceed Pseudonymously ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 09/01/2022)

MOTION for Attorney(s) Christina Paek to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2677003) by CR, Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 09/14/2022)

MINUTE ORDER by Judge Gregory K Frizzell granting plaintiffs' motion for admission pro hac vice [Doc. 30]. Christina Peak is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 30 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 09/14/2022)

ATTORNEY APPEARANCE by Christina S Paek on behalf of All Plaintiffs [Note: Attorney Christina S Paek added to party CR(pty:pla), Attorney Christina S Paek added to party Rowan Fowler(pty:pla), Attorney Christina S Paek added to party Allister Hall(pty:pla).] (Paek, Christina) (Entered: 09/23/2022)

RESPONSE in Opposition to Motion (Re: 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall ; (Skeen, Shelly) (Entered: 09/30/2022)

REPLY to Response to Motion (Re: 4 MOTION to Proceed Pseudonymously ) by CR ; (Skeen, Shelly) (Entered: 09/30/2022)

Unopposed MOTION to Withdraw Attorney(s) Nicholas Guillory by CR, Rowan Fowler, Allister Hall (Guillory, Nicholas) (Entered: 10/06/2022)

ORDER by Judge Gregory K Frizzell ; terminating attorney Nicholas Arthur Guillory ; granting 35 Motion to Withdraw Attorney(s) (kjp, Dpty Clk) (Entered: 10/06/2022)

ORDER by Judge Gregory K Frizzell ; denying 4 Motion for Miscellaneous Relief (Re: 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 10/11/2022)

RESPONSE in Support of Motion (Re: 24 MOTION to Dismiss and Brief in Support ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 10/14/2022)

Joint STIPULATION to Apply Pending Motion to Dismiss to Plaintiffs' Second Amended Complaint (Re: 33 Response in Opposition to Motion, 38 Response in Support of Motion, 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall (With attachments) (Paek, Christina) (Entered: 11/07/2022)

1 Redline Second Amended Complaint

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ORDER by Judge Gregory K Frizzell (Re: 33 Response in Opposition to Motion, 38 Response in Support of Motion, 24 MOTION to Dismiss and Brief in Support, 39 Stipulation, ) (kjp, Dpty Clk) (Entered: 11/07/2022)

Second AMENDED COMPLAINT against All Defendants (Kevin Stitt, Keith Reed, and Kelly Baker) (Re: 21 Amended Complaint ) by Rowan Fowler, Allister Hall, CR (Skeen, Shelly) (Entered: 11/07/2022)

MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Weaver, Audrey) (Entered: 01/11/2023)

1 Exhibit 1 - 2022-01-03 Plaintiff First RFAs

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2 Exhibit 2 - 2022-01-03 Plaintiff First RFPs

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3 Exhibit 3 - 2022-01-03 Plaintiff First ROGs

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MINUTE ORDER by Judge Gregory K Frizzell Plaintiffs shall respond to Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss [Doc. 42] by January 18, 2023. Defendants' reply, if any, shall be filed by January 23, 2023. (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) (Entered: 01/11/2023)

ATTORNEY APPEARANCE by Garry Michael Gaskins, II on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Garry Michael Gaskins, II added to party Kelly Baker(pty:dft), Attorney Garry Michael Gaskins, II added to party Keith Reed(pty:dft), Attorney Garry Michael Gaskins, II added to party Kevin Stitt(pty:dft).] (Gaskins, Garry) (Entered: 01/12/2023)

MOTION to Withdraw Attorney(s) Bryan Cleveland by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 01/12/2023)

ORDER by Judge Gregory K Frizzell ; terminating attorney Bryan Cleveland ; granting 45 Motion to Withdraw Attorney(s) (Re: 45 MOTION to Withdraw Attorney(s) Bryan Cleveland ) (kjp, Dpty Clk) (Entered: 01/12/2023)

RESPONSE in Opposition to Motion (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) by Rowan Fowler, Allister Hall, Carter Ray ; (Renn, Peter) (Entered: 01/18/2023)

REPLY to Response to Motion (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 01/23/2023)

ORDER by Judge Gregory K Frizzell ; staying discovery; granting 42 Motion to Stay (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) (kjp, Dpty Clk) (Entered: 01/25/2023)

MINUTE ORDER by Court Clerk directly, reassigning case to Visiting Judge John W Broomes, Judge Gregory K Frizzell no longer assigned to case, changing case number to 22-cv-00115-JWB-SH (This entry is the Official Order of the Court. No document is attached.) (clb, Dpty Clk) (Entered: 02/15/2023)

MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 23-6, reassigning case to Magistrate Judge Mark T Steele, Magistrate Judge Susan E Huntsman no longer assigned to case, changing case number to 22-cv-115-JWB-MTS (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) (Entered: 05/04/2023)

ORDER by Judge John W Broomes granting Defendant's Motion to Dismiss (doc. 24) ; dismissing/terminating case (terminates case) ; granting 24 Motion to Dismiss (Re: 24 MOTION to Dismiss and Brief in Support ) (alg, Dpty Clk) (Entered: 06/08/2023)

***Civil Case Terminated (see document number 52 ) (lmt, Dpty Clk)

NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2837740) (Re: 52 Order,, Dismissing/Terminating Case,, Ruling on Motion to Dismiss, ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 07/06/2023)

PRELIMINARY RECORD Sent to Circuit Court (Re: 53 Notice of Appeal to Circuit Court ) (With attachments) (lmt, Dpty Clk) (Entered: 07/07/2023)

APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 23-5080 (#53) (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/07/2023)

TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: 53 Notice of Appeal to Circuit Court ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 07/19/2023)

ORDER from Circuit Court record is complete by 07/26/2023 for Mark C. McCartt, Clerk of Court (Re: 53 Notice of Appeal to Circuit Court ) (dla, Dpty Clk) (Entered: 07/19/2023)

CLERK'S RECORD on Appeal Sent to Circuit Court (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/20/2023)

DECISION from Circuit Court Affirmed in Part, Reversed in Part and Remanded the Decision of the District Court (awaiting mandate) (Re: 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 06/18/2024)

DECISION from Circuit Court (Judgment) the Decision of the District Court (awaiting mandate) (Re: 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 06/18/2024)

ORDER from Circuit Court granting Appellees' motion to extend time to file petition for rehearing unitl 8/1/24 (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/01/2024)

MANDATE from Circuit Court reopening case (Re: 59 Decision from Circuit Court, 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 09/17/2024)

LETTER from Circuit Court stating that the Petition for Writ of Certiorari has been Filed (U.S. Supreme Court Case Number: 24-801) (Re: 53 Notice of Appeal to Circuit Court ) (cjb, Dpty Clk) (Entered: 01/29/2025)

ATTORNEY APPEARANCE by Cullen Sweeney on behalf of All Defendants (Sweeney, Cullen) (Entered: 02/04/2025)

MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) (Entered: 02/04/2025)

Unopposed MOTION for Extension of Time to Respond to Motion to Stay (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 02/18/2025)

ORDER by Judge John W Broomes ; setting/resetting deadline(s)/hearing(s): ( Responses due by 2/25/2025, Replies due by 3/11/2025); granting 66 Motion for Extension of Time to Respond to Motion (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) (crp, Dpty Clk) (Entered: 02/21/2025)

MOTION for Attorney(s) Nicholas J. Hite to be Admitted Pro Hac Vice (paid $125 PHV fee; receipt number AOKNDC-3162200) by Rowan Fowler, Allister Hall, Carter Ray (With attachments) (Wilkins, Karen) (Entered: 02/25/2025)

MOTION for Attorney(s) Sasha J. Buchert to be Admitted Pro Hac Vice (paid $125 PHV fee; receipt number AOKNDC-3162221) by Rowan Fowler, Allister Hall, Carter Ray (With attachments) (Wilkins, Karen) (Entered: 02/25/2025)

Unopposed MOTION to Withdraw Attorney(s) Christina S. Paek by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 02/25/2025)

ORDER by Judge John W Broomes Nicholas J. Hite is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 68 Motion for Admission Pro Hac Vice (crp, Dpty Clk) (Entered: 02/25/2025)

ORDER by Judge John W Broomes Sasha J. Buchert is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 69 Motion for Admission Pro Hac Vice (crp, Dpty Clk) (Entered: 02/25/2025)

ORDER by Judge John W Broomes ; terminating attorney Christina S Paek ; granting 70 Motion to Withdraw Attorney(s) (crp, Dpty Clk) (Entered: 02/25/2025)

RESPONSE in Opposition to Motion to Stay (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Rowan Fowler, Allister Hall, Carter Ray ; (Renn, Peter) (Entered: 02/25/2025)

ATTORNEY APPEARANCE by Nicholas Hite on behalf of Rowan Fowler, Allister Hall, Carter Ray [Note: Attorney Nicholas Hite added to party Rowan Fowler(pty:pla), Attorney Nicholas Hite added to party Allister Hall(pty:pla), Attorney Nicholas Hite added to party Carter Ray(pty:pla).] (Hite, Nicholas) (Entered: 03/03/2025)

ATTORNEY APPEARANCE by Sasha Buchert on behalf of All Plaintiffs [Note: Attorney Sasha Buchert added to party Rowan Fowler(pty:pla), Attorney Sasha Buchert added to party Allister Hall(pty:pla), Attorney Sasha Buchert added to party Carter Ray(pty:pla).] (Buchert, Sasha) (Entered: 03/03/2025)

REPLY (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Kelly Baker, Keith Reed, Kevin Stitt (Sweeney, Cullen) (Entered: 03/11/2025)

REPLY (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) Modified on 3/12/2025 to seal PDF attachment as document was filed unredacted; counsel will file the redacted version using the Errata/Correction event. (atn, Dpty Clk). (Entered: 03/11/2025)

ERRATA/CORRECTION (Re: 78 Reply, ) by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) (Entered: 03/12/2025)

LETTER from Circuit Court stating that the Petition for Writ of Certiorari has been granted (U.S. Supreme Court Case Number: 23-5080) (Re: 53 Notice of Appeal to Circuit Court ) (mm, Dpty Clk) (Entered: 07/02/2025)

MINUTE ORDER by Judge John W Broomes Defendant's motion to stay discovery pending disposition of their petition for writ of certiorari (Doc. 65) has been rendered moot by the Supreme Court's order from June 30, 2025; wherein the Court granted certiorari, vacated the Tenth Circuit Court of Appeal's judgment, and remanded the case back to the Tenth Circuit for further consideration in light of United States v. Skrmetti, 605 U.S. ___ (2025) ; finding as moot 65 Motion to Stay (Re: 80 Letter re: Writ of Certiorari from Circuit Court ) (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) (Entered: 07/14/2025)

ORDER from Circuit Court vacating the judgment filed 06/18/2024 and recalling the mandate issued 09/17/2024 (Re: 53 Notice of Appeal to Circuit Court ) (mm, Dpty Clk) (Entered: 08/01/2025)

NOTICE OF RECALLED MANDATE: In response to the Order Recalling Mandate, the recalled mandate has been blocked from access. (Appeal No. 23-5080) (Re: 53 Notice of Appeal to Circuit Court, 62 Mandate from Circuit Court ) (mm, Dpty Clk)